are feeling better in boston, and good for them. they don't normally try to kiss-bomb you unless they're feeling in a happy mood. >> ten seconds later the second explosion goes off at the location where he done please don't do that -- where he dropped his knapsack. >> didn't even break feed. good for him. i'm megyn kelly. here's "studio b": >> shepard: don't do that. >> megyn: did not react to that. >> shepard: i heard him say, please don't do that. i thought, is he talking to me? >> megyn: can't let that pass without comment. >> shepard: i missed it. >> megyn: it's like he does it on every live shot, get out. >> megyn: let's begin this hour with breaking news in the ricin letter case. moments ago the senate majority leader harry reid confirmed we

have had another instance at bowling air force base. the senator would not elaboration. the news is interesting given we learn this morning that those poison letters sent to president obama and mississippi senator roger wicker, today the attorney for the suspect arrested last week reports the client is now out of jail. and sources are telling fox news the fbi is investigating whether somebody else may have for example -- framed him. the feds arrest is this guy last week in mississippi, an hour north or so of tupelo. right up on the tennessee state line. stood accused of mailing letters tainted with the deadly poison ricin to these two, the president, and senator roger wicker and a local judge. now he is a free man. let's start with the senate majority leader reid there's been another incident. >> ent know a whole lot.

the story is moving in number of different directions at the same time, if there is another letter, not a surprise. if it's connected with the original three letters, during an initial appearance for kevin crore tis, u.s. concerns were saying there may be a fourth letter out there. apparently, according to senator harry reid was at bolling air force base, just south of washington, dc. here's what the senator said. >> we have had another incident today, i'm told, at bolling air for barracks they sim nuns. so -- same substance. >> her is what is going on with kevin curtis who was brought up on charges on thursday of threatening the life of the

president. he is out on bond now. his attorneys are saying the fbi made a huge move stake here for claiming their client is 1,000 percent instant and may have been framed. this would fit the narrative of a conversation i had with his brother, jack curtis, last thursday, in which jack said he does suffer from mental problems, bipolar disorder. an elvis impersonator who is well known, and also writings about a conspiracy theory but his brother says he had plenty of enemies who could have seen what he has written, and said i'm kevin curtis and i approve this message, to sent letters to the president and the others. we also talked with his attorney who says there are people out there who say that -- who he says could have been responsible for this. people who live potentially in the same area that he does as well. all of this, after a thorough

search by the fbi of his home, turn up no evidence of ricin, either at his home, in his car, or any evidence, shep, he did any internet searches trying to find out how to make ricin. >> shepard: all right. john roberts in atlanta. thanks. they say the case isn't dismissed there. but he is out on bond. more on the breaking story out of mississippi. the man arrested for sending ricin out of jail. officials will have a press conference today. but sources tell fox the fbi looking if this is not a giant frameup. i don't know. when in doubt arrest an elvis impersonator with a mental problem. >> imagine you didn't do this and you're in federal prison for trying to kill the president of the united states and all you've

unis messed up elvis' legacy. >> shepard: you don't let somebody out of jail who you thought might have just tried to kill the president. >> correct. >> shepard: whether he is out on bond,

>> investigators believe the boston terrorist suspects built

their device with the help of al qaeda, and tamerlan tsarnaev called most of the shots, and lawmakers on capitol hill are demanding more answers. top fbi officials meeting in a closed door hearing. we don't know how much the feds will reveal at this statement of the investigation but that u.s. officials confirm that working theory, as he puts it, the two suspects acted fully alone. their radical islamic faith motivating them, and they toshed that online al qaeda magazine for bomb-making instructions as anybody on planet earth can if he or she wishes to do so. analysts call the guide for terrorist activity, with articles clerk make a bomb in the kitchen of your mom. u.s. reports the drone create you're in the same strike. the widow of tamerlan tsarnaev

has stayed out of the public eye but today her attorney says he is cooperating. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. as a mother, a sister, a daughter, a wife, katy deeply mourns the pain and loss to innocent victims. >> shepard: we're learning more about her husband's trip to russia and whether it set off alarm bells in the united states. >> the hearing this morning created more confusion over the fbi's handling of tamerlan tsarnaev in 2011 and which federal agency new about his trip the following 'er to russia. >> was your department aware of his travels to russia, and if you weren't, the reason. >> the travel in 2012 you're

referring to, yes, the system pinged when he was leaving the united states. by the time he returned, all investigations had been -- the matter had been closed. >> but napolitano's statements chronic with what assistant fbi briefed another lawmaker who is a member of the judiciary committee. >> the fbi told me they had no knowledge of him leaving or coming back. the name was misspelled so i would like to talk to you more about this case. how this man left. where he went, and when we say there was no broader plot here, i don't know how in the world we know that at this early stage. reporter: napolitano testifying the system that flags border agents to individuals under investigation, like tamerlan tsarnaev, was no longer valid and expired by the time the 26-year-old returned from russia in the summer 2012.

>> shepard: do we know anything that is happening in the briefing? >> the two committees are holding the classified hearings on the boston bombings. the senate intelligence committee meetings are behind closed doors and began a half hour ago. the democrat who leads the senate intelligence committee telling reporters she would press the fbi not only an travel or his immigration status. >> when he came back to this country, why didn't it ring a bell with the fbi intelligence unit? that he should be checked out? and vetted again. dhs clearly denied him being naturalized as a citizen. reporter: republican snort charles grassley says he is

simply concerned was this kind of stovepiping between agencies they saw before 9/11, this lack of sharing information. so, in other words, the lack in -- the left didn't know what the right had knowledge of. >> shepard: thank you. more from boston coming, including a man who says the suspect pointed a gun in his face and told him in no uncertain terms, they were the bombers. inches of rain and snow in the midwest, causing major flooding. that isn't a picture of major fooding. that's more like an afternoon shower in ft. lauderdale. but there is majored inning. an update from the fox weather center on this tuesday. only rzr delivers. now's the time to buy during the polaris xp sales event. take your pick of our new limited edition rzrs and get financing as low as 2.99%. save even more with rebates up to $500...

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>> shepard: 14 minutes past the hour. with us now former new york state lee sane to department of homeland security. where are we? >> we're piecing what happened

with the fbi did or didn't do. so typically the bureau is when they get a request from overseas, they conduct an investigation. they talk to the person, and do a database check, find out what is going on with the person, and then if there's nothing out there they talk to somebody. if they find something suspicious they take it to a different level. they don't sit down with the person because that means probably give up your hand, we're looking at you. so that's what happened in this case apparently. they didn't find anything. my sources tell me they went back to the russian authorities and said, we didn't find anything. what are we going to do now? and what i understand it went dark. but still raises the question, shouldn't if the hayes been on the database from the fbi's perspective? isn't at that time what the creation of homeland security is about? you don't have stovepipe communication and a seamless system. if this happened and there had been a tag and this person had

gone away for six month, a period common with a lot of other folks, would have raid all sort office flags. >> leaving for six moves -- months is a big development if there was followup, we don't know. >> we know there was an initial interview based upon a foreign request. so, now that raises the question, why did the original foreign request come? then we gate timeline that says been that happened after the interview. that's murky. >> if you're in the fbi and you get something from roche been a chechen, you're obviously thinking, this is about russia's ongoing and forever conflict with chef -- chechneya. >> the relationships with the legal at -- attaches, they don't have a call, russia calling. and we meant to on what level

this came in and how much urgency. but we know that he went overseas and now the big question is, what did russia do about it also? did they know he was coming in? if we set him up in a sim could have alerted russia, maybe you can use your resources to track him, tell us who he is talking to there's that gap of information now that is crucial. >> shepard: if nobody but these two guys knew this was going down, that's possible, but that would be very rare. >> doesn't make sense. at the very least there's somebody else who is inspiring these guys. perhaps not instructing them but inspiring them. and they're did have sophistication in conducting this operation. >> shepard: give it time. thank you. the president said, if the irjanuary regime used chemical weapons the united states would respond. he actually said that would be crossing a red line. now our closest ally in the middle east claims it has happened. chemical weapons in the syrian

civil war? but how sure we can be. think of all we have heard over the years that was not at all true, and think what those things led to what's happening here? we'll get reaction from the white house on this developing story next. come here, boy.

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>> shepard: just in house in trouble. call 9-1-1. this is san bernardino county in the town of grand terrace, and this terrace has not held up well. there was a retaining wall -- this is live pictures. the ground has given away. the people have been taken out. and they can't figure out why

this happened but it did. choppers keep rolling the video. if something weird happens you'll see it. >> the claim that the syrian regime has used chemical weapons on its own people. the white house says it's concerned over the report. it comes from a senior israeli intelligence official who told a security conference in testify avive that syria has attacked citizens with chemical weapons a number of times. secretary of state john kerry says it's time for the united nations to reconsider its stand. the white house said they of chemical weapons could trigger u.s. involvement. making this even more complicated, the very rebels we have been supporting -- iraq's branch of al qaeda announced it is joining forces with one of syria's biggest opposition groups. so jonathan hunt is in studio. it's unclear at this point how good the israeli intelligence is, whether they're talking

about the kind of chemical weapons as weapons of mass destruction. >> the background is that it comes from israel's top military intelligence analyst. that's obviously gives it some credibility. the time from what we are hearing so far, publicly, it appears to be based more on photographic evidence than anything on the ground. and john kerry said even israeli prime minister benjamin netanyahu has not confirmed the claims in the report. >> i think it's fair for me to say that he was not in a position to confirm that in the conversation that i had. and so it's up to him and their process as to when and how they do that. not for me to make any other announcements except to say to you that i don't know yet what the facts are. i don't think anybody knows what they are. >> i don't think anybody knows

what the facts are. that's the key statement from the secretary of state, and prime minister netanyahu's office has refused to publicly comment. >> the chemical weapons convention leaves certain chemicals out, which could in theory be used as a weapon. for instance, tear gas. mace. white phosphorus. none of those are actually considered weapons, unless they're used in an offensive manner. now, the attack we saw last month, some said they believed that may have been white phosphorus but he didn't see any of the real signs of a nerve gas like feron. that would be under clause one of the chemical weapons convention. so we are still looking at all of this, according to white

house spokesman. >> we're working with our partners to investigate the allegations. it's absolutely the case in an environment, like the one you 1/2 syria, that proving chemical weapons use can be difficult. but we are engaged in a process of trying to investigate and verify these allegations. >> so it depends what the definition of chemical weapons is. that works to president assads a advantage, and at the same time it does give the white house some wiggle room when everybody goes back to the red line phrase. >> shepard: very valuable wiggle room. we're now hearing from the guy who says the boston bombing suspect carjacked him before they're wild chase and shootout with police. ahead, what he claims they told him and how he says he escaped. >> father and son canoe trip begins in horror after an alligator attacked the kid. an incredible story.

>> shepard: this is "studio b." it's the bottom of the hour. time for the top of the news. chilling new details from the man who claims one of the boston terror suspects carjacked him at point and bragged to him about carrying out the bombings. police say the suspect stole the suv last thursday night. then led the cops on an overnight chase, ening in a shootout that left the older suspect dead. according to court documents the

victim says one suspect forced him to drive and pick up the other suspect. then those two loaded the trunk with what the police say were ammunition and explosives. they later used in the shootout. the victim says the suspects then stopped to get gas. and that is when he escaped. we don't have a picture of this man. he is requesting to remain anonymous, but his testimony could be vital to the case against the surviving suspect. trace gal her -- trace gallagher is live. >> the carjacking happened minutes after the m.i.t. police officer sean collier was killed, and an man said he was in his mercedes suv parked along the side of the road when someone tapped on the window. he rolled the window man, and a man he believe dozen be the older brother put a gun inside and got inside and said, and i'm quoting, did you hear about the best interests explosion? i did that. after picking up the younger

brother and loading the trunk with explosives and ammunition, the carjacked man says, quoting again, they asked me where i'm from. i told them i'm chinese. was very scared. i asked them if they were going to hurt me. they said they won't hurt me. i was thinking they would kill me later and he believes the only not kill him is because he was not an american. >> how did he escape at the gas station? >> well, he says the older brother got out to pump the gas and the younger brother went inside the convenience store to buy some red bull and chocolate, which is where the surveillance picture came from. the man says, quoting again, thought it was very good chance for me to run. so i made a. i used my left handto up buckle my belt. my right hand to open the door. i jumped out and ran away across the street. the guy outside the car tried to catch me but i ran very fast.

he ran across the street to another gas station, and told the clerk to call 9-1-1. but that is when the clerk at the shell station says the older brother then came in, telling his younger brother, we got to go, we got to go. they got in the car and fled. the chase and the shootout happened just minutes after that. >> shepard: trace gallagher live. tanks a lot. prosecutors say doctors have upgraded the surviving suspect's condition from serious to now fair. he suffered gunshot wounds to his head, neck, legs, and hand, we're told. meantime, the number of hi alleged victims is far greater than anybody thought. the official count of injured now tops 260 people. that up by close to 100 patients. mostly doctors say because people delayed getting treatment for hearing loss and small schapp nell wounds figuring they would heal on their own. doctors now tell everybody who made it to a hospital alive that each should survive. still, many will never be the same, like the seven-year-old

girl still in critical condition with serious injuries to her legs and a man whose family says he only recently regained consciousness himself right leg amputated. persons on his body and shrapnel stuck in his heart himself fiancee updated reporter yesterday. >> even though his heart was physically damage it did not lessen the fact of this incredibly loving heart in classic mark fashion, the first words he said to me when he woke up was, i am sorry for being there. i love you and gavin. gavin is our five-year-old son. >> shepard: some victims are recovering in the same hospital where the suspected attacker remains under heavy guard. our senior correspondent eric sean at the hospital. what's the late the rest? reporter: dzhokar tsarnaev remains in the hospital under heavy fard in the room. we're getting more insight today about his condition, as you said

it was upgraded. it is now fair from serious at the time but stable. we're getting insight from the transcript of the arraignment that occurred inside the hospital room yesterday. during that arraignment, the doctor who is an cute care specialist asked, how are you feeling? are you able to answer questions. the defendant nod as i firmtive limit the then me national straight say, can you afford a lawyer? the only time he said anything was to say one word, no. he she said i find the defendant is alert, mentally competent, lucid. and more victims are showing up at the hospital. the sound have blasts are so loud and they have hearing problems. that accounts for the number -- increase of the number of injure. >> two of victims buried today. >> that's right. it's a cold, somber, gray day her in boston, a looming sadness just envelope the city in hour

-- honor of those villages. little eight-year-old martin richmond laid to rest. his funeral filled with young, crying children. the parents released a family statement saying: the outpowering of love and support has been tremendous. this has been the most difficult week of our lives and we appreciate our friends and family have given auspice -- us space to grieve. >> also laid to rest, sean collier, the m.i.t. campus officer who was sitting in his car when he was ambushed by the two brothers. apparently some reports say to try to get has gun. tomorrow, vice-president joe biden and his wife will be here for a public memorial service at the campus, and we saw a makeshift one on the sidewalk, of flowers and notes. one simply says sean collier, you will feather live in our hearts. >> shepard: eric, thank you. somebody hacks the twitter

constant the "associated press" today and sent out a false message that president obama was injured in an explosion at the white house. that did not happen. the message was completely untrue. there will no explosions at the white house and nothing is wrong with the president. but wall street noticed the false tweet and look at what happened. see that spike there? that's not a spike. that's a stalagtite there? the dow just dropped hundred points. the reaction to fake news. the dow takes more than 150-points in just a couple of minutes. the good news for your 401k, the ap quickly denied in the false tweet and stocks jumped back on strong earnings report and were up 145 on the session today. >> the two men accused in the terrorist plot to blow up a train bridge faced a judge in conditioned. our first look at the suspects since canadian officials announced the arrests. they say the suspects got support from al qaeda group or member office an al qaeda group in rain.

investigators say there was no sign this is linked to the attacks in boston. prosecutor says the plan was to been a bilge canada as a train crossed it. according to several reports their target would have been a treason bound from toronto to new york city. here's the news from washington. what happened in court today? >> well, shep, both suspects had brief court appearanceses both charged with conspiring to commit murder in cooperation with a terroris group. in this case, al qaeda. raed gentleman'ser was in court. >> my client is in a state of shock and disbelief that's happened to him. he is gathering himself. we're working together. looking into the family and' all looking forward to defending him. >> jaser's alleged momentum, 30-year-old chiheb esseghaier, went to court in montreal,

claiming the charges from action word considers only appearance. the white house meantime applauds the arrest. >> i can talk to you about that. we first of all welcomed yesterday's announcement by canada that they have disrupted a terrorist plot, working in coordination with u.s. law enforcement. >> canadian official says the plat was only in the planning stages and nobody was in imminent danger. canadian official says these two men did get help from iran. they got direction and guidance but not direct funding from al qaeda in iran. and the plot was not state-sponsored. iran claimed again today it has no connection with al qaeda and there has been a rocky relationship between the largery shiite iranian leadership the sunni terrorist groups. >> shepard: steve, thanks. all that tax-free internet shop could go be coming to an end. billions of extra dollars coming

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>> shepard: a fox weather alert. the last thing folks in the midwest need is more rain but it's on the way. on the mississippi river and other waterways where intense flooding has closed roads and forced evacuations.

officials across several states have asked for help. this is several towns in illinois near the mississippi river. the state governor declared four dozen counties disaster areas. many homes devastated. the rain was so intense it was like a waterfall, they said. >> we were bailing and urging it down the drain pipes, and until the window burst. the basement window burst from the water and people parading outside. >> the flooding caused to $30,000 in damage to her place. lots of other families telling similar stories. let's get to janice bean, the weather machine. it just keeps coming. >> springtime is going to bring floodsment unfortunately we're getting more rain on top of the areas that received five to eight inches of rainfall. and we super imposed the radar over the flood warnings across the mississippi river, the tribute tears that feed into the

mississippi river unfortunately are over their banks, in some cases. we see flood warnings around illinois, indiana, missouri, kentucky, record flooding from last week, and on top of that we're expected to see not a lot of rain but enough to exacerbate an already bad situation. so anywhere from half inch to inch and a half of rain. and looking at the future radar, as the cold front moves east, as we get lou the next 12 to 24 hours, more rain and then a drying-out period, so the rivers and streams will recede. yesterday's highs, take a look at kansas city, 67. 78 in dallas. 49 in denver. cold front moves through, drops the temperatures in some cases 30 to 35 degrees. so another cold front moving through. so cold, shepard, snow for colorado. in some cases ten inches of snow. on those mountaintops.

so spring skiing? i'm sure maybe they like it? >> shepard: i guarantee you. >> a silver lining there. we'll watch the flood waters and keep you posted. >> shepard: wish them the best. janice, thank you. we might soon have to start paying taxes on everything we buy online. our good friends in the u.s. senate are moving forward with a bill that would give states stae greenlight that require internetnet retailers charge taxes on all purchases. it's call the marketplace fairness act. affects sites like ebay. the companies will spend tax money to the each state just like brick and mortar businesses. critics say it's another tax. well, it is. rick newman is here. the author of the book "rebounders, how winners pivot from setback to success. " had to figure this was coming.

>> i don't think this one is oxable. it's just applying tacks that are already in place to purchases that are now vote of exempted through kind of a loophole from here's ordinary states so if you live in state without a sales tax like maryland montana or delware, you wasn't pay. if you live in the other 45 states this bill would only require you to pay the same tax on internet purchases you pay if you go to the store. >> if you pay 8.75 in's in your sis you pay the same online. >> yes. the reason this is in place is the law governing state sales taxes was before anybody shopped online. so this is catching up with technology. the supreme court that case dates to 1992. up in of these companies did. so we're figuring out how to do the catchup to technology that is way ahead.

>> shepard: you wonder if you live in a nontax state, couldn't set up a drop stop', place where you can -- send it to me and i'll send it to you. >> credit a middle man situation. some entrepreneurs might come up with that and we'll see other middle men with ideas to help mostly the businesses figure out how to deal with it. it's complicated for them but a lot of the complexities can be dealt with. >> it didn't seem fair the recall rules were a. for one group and b. for another group that are doing the same thing there should never be the word fairness in the bills coming out of washington but that problem is physical stores are required to collect the tax and they're disadvantaged to online retailers who don't have to pay the tax. so inanybody needs a break it's the main stream, but the real goal is to give nobody an advantage and have this apply to everybody equally. >> shepard: rick, thank you. the father says he heard a

splash, then a scream. after an alligator wrapped its jaws around his six-year-old son's right arm. look at him. happened in the florida -- what a cutie. happened in the florida everglades. we'll speak live to the father and this little kid. the first question is, what is it like to have an alligator wrap his jaws around your arm, son? so i'll ask him that. stay with us. okay? [ male announcer ] what are happy kids made of? bikes and balloons, wholesome noodles on spoons. a kite, a breeze, a dunk of grilled cheese. catches and throws, and spaghettio's. that's what happy kids are made of. campbell's. it's amazing what soup can do.

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>> shepard: father says he offend an alligator chomping down on his six-year-old son before they even got in their boat in the northern florida everglades. that's not the good news. it's coming. dad says he was in line to rent a canoe when the boy, his son, ran down by the water and fell in. he says he heard his son

screaming and discovered this. this alligator biting the son's arm. dad and some bystanders started kicking and punching the gator. punched it on the head over and over and over. said it felt like a cinder block. then on the underwill by. that did the trick. the little boy suffered only millionor scratches and bruises. the father and son are with us. >> welch, and joey welch and beneath the banner is his animal friend, spot. >> tough for having us. >> joe, i'm looking forward to talking to joey. you had to beat the gator on his underbelly to make him let go of your son? >> hitting him in the head wasn't doing anything. is just -- it was like hitting a brick wall. i almost olympic hand. -- i almost broke my handbut the vulnerable part of the gator is the underbelly it is was

three or four kicks a bystander when he cake him, that got the gator to release. >> joey, can i see your arm? where it hurt it? you still got some marks on there right? >> a little faded right now, but they extend all the way from the shoulder blade to his wrist. >> shepard: joey, what was that like? >> the alligator felled like -- it felt like -- don't know how it felt like. >> was he trying to eat you, that alligator? >> yeah. of course. he was trying to bite my arm off. >> did you scream or say anything? what did you do? >> i screamed. i screamed. >> did that seem to scare the alligator? >> no. it was actually punching and kicking, and then the place

where he didn't like it. >> shepard: you must have been mighty proud of daddy, huh? >> say again in. >> shepard: proud of your daddy for get negator off you. >> yeah. and my mom said, if she was there she would be crying all the dives her life. >> do you remember falling in the water, joey? >> yeah. >> shepard: can you swim pretty good? i have a six-year-old niece, and she swims really well. do you swim well? >> i can swim better. i can swim a fast pool and touch the bottom to the end. >> shepard: you're good to go. >> and hold my brought. >> shepard: when that -- >> and the pool and i swim at my

swimming practice. practice swimming, and that one is at the ten feet deep one, and that one looks like eight feet deep. >> shepard: joey? joey. it's harder to swim with a gator an your arm, right? >> yes. i was like -- >> shepard: do you remember it, joey? signature around smiling and laughing because you're fine and everything is good. but do you remember it? were you scared in what was in your mine? do you remember? >> yeah, i was thinking -- >> shepard: i'm guess he was a little messed up, pop. no? >> he was -- >> nervous. >> shepard: yes. i'd be nervous, too if that happened to me.

>> he is recovering very well. he sleeps all through the night. even the night it happened of -- >> my mom and dad got in the nightmares. i'm sleeping good. >> shepard: why am i not surprised by that. they don't have a spot. you have somebody to sleep with. >> yeah. >> when i told my wife what happened, she said something very interesting. after getting over the initial shock, she told me that every night she prays from 91 verse 11 over him which speaks of god's protection, and joey is proof that god answered the prayer. the fact he is here. >> shepard: could have been mighty bad. have a great afternoon. thank you.